LINCOLN v. FLORIDA GAS TRANSMISSION COMPANY LLC et al

Filing 56

ORDER ACCEPTING AND ADOPTING #55 REPORT AND RECOMMENDATION - The motion to dismiss, ECF No. #52 , filed by Defendants, Mustang Engineering, L.P. and Mustang Engineering Florida, Inc., is GRANTED, and the claims raised against them in Plaintiff's third amended complaint are DISMISSED without prejudice for failure to serve the complaint within 120 days as required by Fed. R. Civ. P 4(m). This cause is remanded to the Magistrate for further proceedings. Signed by JUDGE MARK E WALKER on 4/22/2014. (tdl)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIAM F. T. LINCOLN,
Plaintiff,
v.

CASE NO. 4:13-cv-74-MW/GRJ

FLORIDA GAS TRANSMISSION
CO., et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered the Magistrate’s Report and Recommendation,
ECF No.55, filed April 1, 2014.

Upon consideration, no objections having been

filed,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. The motion to dismiss, ECF No. 52, filed by Defendants, Mustang
Engineering, L.P. and Mustang Engineering Florida, Inc., is GRANTED, and the
claims raised against them in Plaintiff's third amended complaint are DISMISSED
without prejudice for failure to serve the complaint within 120 days as required

1

by Fed. R. Civ. P 4(m). This cause is remanded to the Magistrate for further
proceedings.
SO ORDERED on April 22, 2014.
s/Mark E. Walker
United States District Judge

2